Kevin Dalasta was charged with two counts of homicide by vehicle and two counts of serious injury by vehicle in the May 6, 2010, crash.

The trial for Dalasta has been repeatedly delayed while the courts try to determine if he is competent to stand trial.

KCCI's Amanda Lewis reported from the courthouse Friday that Judge Glenn Pille ruled "the defendant is permanently disabled" and charges have been dropped.

"The defendant in this case is permanently disabled. He will not improve. He will never regain competency to stand trial, that is he will never be a in a position to appreciate the charges against him, assist in his defense or understand the proceedings," said Pille.

Pille left the door open to civil commitment proceedings and the possibility charges could be refiled if Dalasta's condition improves.

Heather DeJoode left the courtroom in tears after holding up a photo of her children, Carson and Claire. Troy and Heather said they were expecting the hearing's outcome, but were still holding out hope.

"We knew this was coming. We knew this was the likely result. I think deep in the darkness of my mind I had hoped that maybe they would send him to rehab or something interim even though the law is pretty clear that they don't have to because that seems to be the biggest cop-out. He's got no incentive to get better," said Troy DeJoode.

"At the end of the day this is a guy who I think the police report clearly shows was not being forthright with his doctors prior to the accident. And I don't know why we have any reason to believe that one he's as as impaired as he says he is and two that he won't drive," said Troy DeJoode.

Troy DeJoode said that he fears Dalasta will eventually drive again and that his family's nightmare could become someone elses.

"I firmly believe that my kids are dead because he was too lazy to walk or take the bus or ride a bike or catch a ride with friends," said Troy DeJoode.

Monday marked the third anniversary of a crash that killed two of Heather and Troy DeJoode's children. Carson, 5, and Claire, 5 months, were killed and their Chase, 3, injured. Heather was in a coma for weeks and faced months of rehabilitation.

KCCI's attempts to reach Dalasta's attorney, Alfredo Parrish, by phone for comment were not returned Friday.

"Where to start? You took the life of my best friend and son Carson who was only five and half years old and my beautiful daughter Claire who was one week away from her six month birthday.

"You claimed that you had a seizure, a seizure that you knew you were at risk for after all the seizures you had in the past and the accidents that you caused. There is no excuse for your pathetic life. I hope that you pay for the lives that you have taken away from my family. Believe me when I say that whatever the judge decides, you will still burn in hell.

"You destroyed a defenseless family. You hit my car while my car was parked while taking my oldest son to karate. You were driving in the wrong lane going double the speed limit. That's pretty aggressive driving for someone having a seizure.

"It's amazing that my son Chase and I even survived.

"Believe me when I tell you that there is not a day that goes by when I don't think of the lives you took in an instant from my family. And now you claim to be incompetent just like you claimed to your doctor you weren't having seizures.

"You are the biggest coward in the world.

"I know Claire and Carson are in heaven now and I know that one day I will see them there.

"I used to want to move out of Ankeny. I used to want to move away, far away from you. Then I got to thinking why should I have to move. Why should my family have to move? You are a coward who refuses to be a man and face the justice system.

"I was in a coma for four weeks and was at the rehab place until September 2010. I was ready to go home. Ninety nine percent of the people don't recover as good as me. I had to learn, re-learn how to think, swallow, drink, eat, talk and walk. I had to relearn how to take care of myself -- and I did. Maybe it was my independence and maybe it was for my son. He and I survived the car accident that you caused. I thank God every day that the two of us did.

"I had the courage to work hard to accomplish my rehab and recover. That's the courage that a coward like you doesn't have.

"I think every day about Carson and Claire. I could sit in front of your house and stew, but I have better things to hope for.

"You stole two lives that my family will never get back. Time in jail is not enough. You have no defense and maybe the judge will realize that too.

"I will always love Carson and Claire. Carson was my little guy whose life you stole. Clare was my princess, always smiling whose life you also took. You alone caused the auto accident that killed them on May 6, 2010. You caused multiple accidents before ours and then you took the lives of two members of my family away.

"You knew you were at risk for more seizures and you drove anyway. Carson and Claire have died all due to your choices and shameless behavior. Shame on you!"